77-23b-8 Violation of chapter -- Civil action by provider or subscriber -- Good faith defense -- Limitation of action.
(1) Except under Subsection 77-23b-4(5), any provider of electronic communications service, subscriber, or customer aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind may in a civil action recover from the person or entity that engaged in that violation relief as is appropriate.
(a) preliminary and other equitable or declaratory relief as is appropriate;
(b) damages under Subsection (3); and
(c) a reasonable attorney’s fee and other litigation costs reasonably incurred.
(3) The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case is a person entitled to recover less than $1,000.
(4) A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this chapter or any other law: